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SAN DIEGO (CNS) - A towering palm tree and the tree trimmer strapped to it came toppling down inside the lobby area at a University City-area hotel Thursday. The tree was being cut down at Embassy Suites by Hilton San Diego-La Jolla, 4550 La Jolla Village Drive, when it struck a person shortly before 11 a.m., according to police and the San Diego Fire-Rescue Department. San Diego Police told 10News the injured man was a tree trimmer. Medics took the victim, to Scripps Memorial Hospital La Jolla. Joe Jaha, a supervisor at Arbor West Tree Surgeons, says a 3-man crew was at the hotel to take down three large palms in the lobby. He says the tree trimmer was 30 feet up the final, 40-foot palm. He had taken off the top and was trying to bring it down when the tree uprooted, with the tree and tree trimmer crashing to the ground. The tree trimmer, a man in his 30s, suffered a broken leg and arm."It had highly unusual, shallow roots, which we couldn't detect until it was too late. OSHA arrived and said we were in total compliance. It was a freak accident," said Jaha.The Hilton sent 10News the following statement: 1131

SAN DIEGO (CNS) - A pedestrian was struck and killed by a Metropolitan Transit System trolley in San Ysidro, police said Friday.The crash happened shortly before 11:40 p.m. Thursday near the intersection of Beyer Boulevard and Smythe Avenue, San Diego police Sgt. Michael Stirk said. The intersection is just northeast of the Beyer Boulevard Trolley Station.The pedestrian was pronounced dead at the scene, Stirk said. No details about the victim were immediately available.Officers from the San Diego Police Department's traffic division were investigating the circumstances leading up to the crash. 608

SAN DIEGO (CNS) - A woman accused of causing the death of a 74-year-old man in her care by withholding food from him over the course of several years was ordered to stand trial today on murder and other charges that could have her facing life imprisonment.Shirley Montano, 52, is accused of causing the Oct. 7, 2016, death of Robert Chagas, who died at Sharp Memorial Hospital of pneumonia, which prosecutors argue was exacerbated by severe malnutrition. Montano is additionally charged with kidnapping, elder abuse, false imprisonment, identity theft and perjury for allegedly limiting meals and keeping Chagas and an elderly woman essentially captive at the defendant's apartment, while spending the senior citizens' Social Security benefits for personal use.Deputy District Attorney Rebecca Zipp said the weight of both Chagas and the woman, Josefina Kellogg, ``plummeted once in (Montano's) care.'' Chagas was ``emaciated'' when he was brought into the hospital, where he died five days later. Montano, who allegedly posed as his niece, told medical personnel that Chagas did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified. ``She took on the duty of care and responsibility for his well-being, and that care fell so woefully short that he died in part due to inadequate nutrition,'' Zipp told San Diego County Superior Court Judge Esteban Hernandez at the conclusion of the week-long preliminary hearing.The prosecutor alleged that Chagas and Kellogg were kept isolated from others who lived with Montano and confined to their respective bedrooms. Montano's niece, who stayed with the defendant for about a year, said that for the first month she lived at her aunt's apartment, she was not even aware Kellogg existed because the woman would hardly ever emerge from her bedroom.Others who resided at Montano's apartment or visited the home were offered various explanations for Chagas and Kellogg's presence, including that Kellogg was Montano's sister or Chagas' wife, according to testimony. Kellogg testified that she stayed in her bedroom for several hours each day and feared angering Montano, who would hit her if she did not obey the rules of the house.Zipp said that Kellogg ``had no agency'' and would not even eat without Montano's permission, even when the defendant was in custody. Following Montano's arrest, she phoned her downstairs neighbor from jail and asked her to go into her unit to bathe Kellogg. The neighbor testified that she was reduced to tears upon seeing Kellogg's skeletal figure, and that the senior would not leave the apartment until the neighbor lied and said she had called Montano and received her permission. Kellogg also did not allow the had called Montano and received her permission. Kellogg also did not allow the to strike Kellogg -- because she feared moving the utensil might anger Montano, the neighbor testified.Zipp alleged that while keeping the seniors under her thumb, Montano spent their monthly benefits for personal purposes such as a new truck and frequently gambling their funds away at local casinos.``There is one person whose needs and wants she considered, and that are those of the defendant,'' Zipp said. Montano's attorney, Shannon Sebeckis, argued there was no evidence that Chagas' malnutrition was caused by Montano, and was not the natural result of aging. Sebeckis reiterated the testimony of San Diego County Chief Medical Examiner Glenn Wagner, who declined to classify Chagas' death as a homicide. Wagner said Chagas was not getting sufficient food, but he could not opine as to why, only that it appeared to be due to non-medical factors.No calls were made by family or medical professionals to Adult Protective Services in Chagas' case, which also contributed to Wagner's opinion not to classify his death as a homicide, the doctor said. While evidence was presented that Chagas once told a doctor that his weight loss was due to not having enough money for food, Sebeckis said this was not proof that Montano was taking his money or withholding food, especially in light of Chagas' issues with handling his own finances. Chagas' family members testified that an accident that occurred at childbirth had left him ``slow,'' as his brother Richard described it, and that throughout his adult life, Chagas was susceptible to being scammed and had lost exorbitant amounts of money to fraudsters in the past, leading family members to take an active role in assisting him with taxes and paying bills.Sebeckis argued there was little direct evidence that Montano didn't feed the seniors, as plenty of her past roommates said they had seen her providing food for Chagas and Kellogg. The attorney also said Chagas was not confined at all, and regularly left the apartment each day for his janitorial job at Sea World, which he attended with a sack lunch prepared by Montano each day.Sebeckis said it was ``pure speculation and conjecture'' that Montano didn't use the seniors' funds to pay for their basic needs. Hernandez said the murder charge was the most difficult for him to rule on, but said that the totality of circumstances held Montano culpable in Chagas' death, saying the seniors ``basically wasted away while in her care.''Montano is being held on million bail and will return to court April 11 for a Superior Court arraignment. 5423

SAN DIEGO (CNS) - A veteran San Diego fire captain pleaded guilty Wednesday to a felony domestic violence charge for injuring his girlfriend during an argument.Steven Michaels, 54, faces up to a year in jail when he is sentenced Feb. 7.As part of his plea agreement, Michaels -- a 30-year firefighter with San Diego Fire-Rescue -- will be on probation for three years, said Deputy District Attorney Stephen Marquardt.Judge Timothy Walsh also ordered the defendant to have no contact with the victim, Marquardt said.RELATED: Trial begins for man accused of stabbing two San Diego firefightersAt his arraignment in August, a prosecutor said Stevens shoved his girlfriend against a wall on July 21 and refused to let her use a cell phone to call for help after she was injured.Michaels has been arrested twice in the past for alleged domestic violence -- once in 2006 and again in December 2015.His run-ins with law enforcement were brought up during the trial of a man who stabbed two San Diego firefighters at an East Village trolley stop in June 2015.Defense attorney Gretchen von Helms didn't immediately comment on how Stevens' felony guilty plea will affect his job status. 1189

SAN DIEGO (CNS) – At least 70,000 San Diego Gas & Electric customers were without power Thursday morning due to public safety power shutoffs amid increased fire hazards caused by Santa Ana winds.As of 10:30 a.m., SDG&E said service was turned off to 70,613 customers in the areas of Alpine, Barona Reservation, Boulevard, Campo, Campo Reservation, Descanso, Dulzura, El Cajon, Encinitas (Olivenhain), Escondido, Ewiiaapaayp Reservation, Fallbrook, Jacumba, Jamul, Jamul Reservation, Julian, Lakeside, La Jolla Reservation, La Posta Reservation, Los Cayotes Reservation, Manzanita Reservation, Mesa Grande Reservation, Mount Laguna, Nestor, Pala, Pala Reservation, Palomar Mountain, Pauma Reservation, Pauma Valley, Pine Valley, Potrero, Poway, Ramona, Ranchita, Rancho Bernardo, Rancho Santa Fe, Rincon Reservation, San Marcos, San Pasqual Reservation, Santa Ysabel, Santa Ysabel Reservation, Valley Center, Viejas Reservation and Warner Springs.Another 24,541 under consideration for shutoffs; the utility did not immediately say when power would be restored.SDG&E OUTAGE MAP | ABC 10NEWS PINPOINT WEATHER FORECASTAs of 7 p.m., the company said about 45,000 customers remained without power.According to the San Diego County Office of Education, the outages forced the closure of the following school districts on Thursday and Friday: Alpine Union, Dehesa, Valley Center-Pauma Unified, Warner Unified.These Poway Unified School District schools will be closed due to the shutoffs: Pomerado Elementary, Garden Elementary, Painted Rock Elementary, Meadowbrook Middle School, Abraxas High School, and Poway High School.These schools in the Cajon Valley Union School District were also closed due to the shutoffs and the Willow Fire that erupted overnight: Hillsdale Middle, Jamacha Elementary, Rancho San Diego Elementary, Vista Grande Elementary. Jamacha Elementary will be closed Friday, as well.Two Lakeside Union School District schools, Eucalyptus Hills and Lakeside Farms, will also be closed Thursday and Friday, the COE said.At 8 a.m. Thursday, SDG&E opened community resource centers in the communities of Descanso, Lake Morena, Pine Valley, Julian, Fallbrook, Dulzura, Warner Springs, Potrero, Ramona and Valley Center. Those centers will remain open until 10 p.m. and offer access to water, Wi-Fi, ice, snacks, phone and medical device charging, water trucks for livestock and up-to-date information on outages.The exact locations of the community resource centers can be found at: www.sdge.com/public-safety-power-shutoff.The company on Tuesday notified about 88,700 of its customers in inland communities they could be subject to public-safety power shutoffs from Wednesday night into the weekend, and potentially through Monday. 2760